Citation NR: 9617278
Decision Date: 06/18/96 Archive Date: 06/28/96
DOCKET NO. 91-50 501 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Denver,
Colorado
THE ISSUE
Entitlement to a total disability evaluation based on
individual unemployability.
REPRESENTATION
Veteran represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
Y. White, Associate Counsel
INTRODUCTION
The veteran had honorable, active service from July 1967 to
April 1969.
This matter comes before the Board of Veterans’ Appeals
(Board) from a December 1989 rating decision of the Denver,
Colorado, Regional Office (RO) of the Department of Veterans
Affairs (VA). This case was remanded in August 1992.
REMAND
This case is being remanded in order to correct a procedural
deficiency.
The veteran’s original claim for entitlement to a total
disability evaluation for individual unemployability was
filed in June 1989. The RO adjudicated this issue in a
December 1989 rating decision. The veteran thereafter
submitted a notice of disagreement that was received in March
1990. The RO issued the veteran a statement of the case and
the veteran perfected his appeal by filing a timely
substantive appeal. The case was certified to the Board of
Veteran’s Appeals in November 1991. On appeal the Board
remanded the case in August 1992 for further development of
the veteran’s claim.
In August 1995, while the case was still in remand status the
veteran submitted an x-ray report, dated in June 1995, and a
medical treatment record, which was dated in July 1995. The
RO evaluated this evidence in a September 1995 rating action,
and later notified the veteran of its decision in a September
1995 letter issued by the RO. However, on review of the
claims folder, no supplemental statement of the case has been
issued. The governing regulation, states that when
additional pertinent evidence is received after a Statement
of the Case has been issued, a Supplemental Statement of the
Case is to be furnished. 38 C.F.R. § 19.31 (1995).
In view of the foregoing, it is our opinion that additional
action is necessary before a final determination of this
claim. Accordingly, the claim is REMANDED for the following
action:
The RO should furnish the
veteran with a supplemental
statement of the case which
includes the additional
evidence added to the record
after the June 1995 rating
action which includes a summary
of, any additional applicable
laws and regulations, and the
reasons for the decision. The
veteran and his representative
should be afforded the
applicable time to respond.
Thereafter, the case should be returned to the Board. The
Board intimates no opinion as to the ultimate outcome of this
case. The veteran need take no action unless otherwise
notified.
G. H. SHUFELT
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1995).
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